BY THE LORD ARCHER OF SANDWELL
THE LORD GOODHART
THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK

237

Page 19, line 7, at end insert ("as regards his acting as an advocate on behalf of--

(a) his employer, or

(b) where his employer's only or main activity is providing legal services to the public, a client of his employer")

BY THE LORD CHANCELLOR

237A

Page 19, line 11, leave out ("circumstances") and insert ("capacity")

BY THE LORD THOMAS OF GRESFORD

238

Page 19, leave out lines 17 to 22 and insert--

("(3) Nothing in this section shall affect the rights of audience of a person employed as an advocate if he is a Crown Prosecutor or is in Crown employment in any other capacity which involves his appearing before courts.")

BY THE LORD KINGSLAND

239

Page 19, line 19, leave out from first ("is") to ("or") in line 21 and insert ("in Crown employment in any capacity which involves his appearing before the courts except in the capacity of an employee of the Crown Prosecution Service before the High Court or the Crown Court;")

BY THE LORD CHANCELLOR

239A

Page 19, line 19, leave out from ("or") to end of line 26 and insert--

("(b) he is otherwise employed in a capacity which involves his appearing before courts."")

BY THE LORD KINGSLAND

240

Page 19, line 26, at end insert--

("M10;M10;(5) A person employed as an advocate in accordance with subsection (3) shall only be permitted to prosecute a case being tried on indictment which--

(a) falls within class 4 of the classification of the Business of the Crown Court and Allocation to Crown Court Centres Directions; and

(b) has been released by the Presiding Judge of a Circuit, in accordance with those Directions, for trial by a Circuit Judge, Recorder or Assistant Recorder."")

BY THE LORD ACKNER
THE LORD HUTCHINSON OF LULLINGTON

The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.

(" . For section 4(1) to (3E) of the Prosecution of Offences Act 1985 substitute--

(1) The Director and the Chief Crown Prosecutor shall ensure that rights of audience of Crown Prosecutors are exercisable with regard to the principle that a substantial proportion of advocacy on behalf of the Crown Prosecution Service in the Crown Court shall be conducted by advocates in independent practice."")

Crown Prosecutors.

BY THE LORD KINGSLAND

243

Insert the following new Clause--

(" .--(1) A person who (whether expressly or by implication) describes himself as a legal executive is guilty of an offence unless he is a Fellow of the Institute of Legal Executives who has in force a current practice certificate issued by that Institute.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")

Page 66, line 18, leave out from ("before") to end of line and insert ("the application is decided")

259

Page 66, line 31, leave out ("may") and insert ("shall")

260

Page 66, line 45, leave out ("may") and insert ("shall")

261

Page 67, leave out lines 26 and 27

262

Page 67, line 33, leave out from beginning to ("decide") in line 36 and insert--

("the Lord Chancellor and the designated judges shall (acting, in the event of disagreement, by majority)")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

263

Page 67, line 36, at end insert--

("( ) The Lord Chancellor shall not refuse the application unless he has sought the advice of the Consultative Panel.")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

264

Page 67, line 37, leave out from first ("the") to ("shall") and insert ("decision has been made, the Lord Chancellor")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

265

Page 67, line 39, leave out ("the applicant applies to him in writing,") and insert ("he refuses the application,")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

266

Page 67, line 40, leave out ("his") and insert ("the")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY

267

Page 68, line 1, leave out from beginning to end of line 43 on page 69

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

268

Page 68, line 4, leave out from ("that") to first ("body") in line 6 and insert ("the qualification regulations or rules of conduct of an authorised body unreasonably restrict rights to conduct litigation and that it would be appropriate for the purpose of removing rights of audience or restrictions for him to make alterations to such regulations or rules of that")

BY THE LORD KINGSLAND

269

Page 68, line 6, after first ("body") insert ("which relate to the grant of a right of audience or of a right to conduct litigation")

BY THE LORD ARCHER OF SANDWELL

270

Page 69, line 36, after ("shall") insert (", if he is satisfied that any qualification, regulation or rule of conduct is unduly restrictive of rights of audience or of a right to conduct litigation,")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

271

Page 69, line 36, at end insert--

("( ) The Lord Chancellor shall not decide to make the alterations unless at least two of the designated judges have advised him that the alterations should be made.")

272

Page 69, line 39, leave out ("the authorised body applies to him in writing, notify it") and insert ("he decides to make the alterations, notify the authorised body")

BY THE LORD ARCHER OF SANDWELL

273

Page 69, line 43, at end insert--

("( ) No order shall be made under this paragraph unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament.")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

274

Page 69, line 43, at end insert--

("( ) When an order under this paragraph is laid before either House of Parliament there shall be laid with it copies of all representations made under paragraphs 18 and 21 and advice given under paragraphs 19, 20 and 22.")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

275

Page 70, line 12, leave out ("is") and insert ("and the designated judges are (or, in the event of disagreement, a majority are)")

276

Page 70, line 13, leave out from ("when") to ("are") and insert ("the question whether a recommendation shall be made is under consideration")

277

Page 70, line 33, leave out ("may") and insert ("shall")

278

Page 70, leave out lines 42 and 43

279

Page 70, line 42, leave out ("may") and insert ("shall")

280

Page 72, leave out lines 1 and 2

281

Page 72, line 4, leave out from ("whether") to ("shall") in line 5 and insert ("the Lord Chancellor shall make the recommendation, he and the designated judges")

282

Page 72, line 6, leave out from ("30") to ("; and") in line 7

283

Page 72, line 8, leave out ("he") and insert ("the Lord Chancellor")

BY THE LORD GOODHART
THE LORD THOMAS OF GRESFORD

284

Page 72, line 11, at end insert--

("( ) The Lord Chancellor shall not make the recommendation unless at least two of the designated judges have advised him that the recommendation should be made.")

285

Page 72, line 11, at end insert--

("Documents to be laid before Parliament

. When a draft of an Order made in pursuance of a recommendation in reliance on paragraph 25(2)(c) is laid before either House of Parliament there shall be laid with the draft--

(a) copies of all representations made under paragraphs 29 and 30 and advice given under paragraphs 27, 28 and 31; and

(b) a statement of the Lord Chancellor's reasons for making the recommendation.")

BY THE LORD KINGSLAND
THE LORD LLOYD OF BERWICK
THE LORD GOODHART

286

Page 72, line 27, at end insert ("; and

(d) if the body applies to him in writing, notify it of the reasons for making the Order."")